Functional Stability : Using Performance-Based Objectives to Assist with Property Re-Development of Closed MSW Landfills Case Study to Assist with Implementation of SWM-04.45 LTC at Solid Waste Disposal Facilities

Environmental Permitting Summer School Orlando, Florida July 20, 2016

(1) The length of the post-closure care period may be:

• (A) decreased by the Director of an approved state if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment; or

• (B) increased by the Director if it is determined that the lengthened period is necessary to protect human health and the environment.

EPA on evaluating threat of MSW Leachate:

• “Concentrations at the point of exposure, rather than concentrations in the leachate in the collection system, may be used when assessing threats.”

- EPA 1998, Section 6.6.3

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Post-Closure Care and Protection of HH&E (Subtitle D) What is the Federal Framework?

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FDEP Guidance Document SWM-04.045

• FDEP developed the first substantive state guidance document that provides metric-driven objectives for ending regulatory post-closure care and a framework for compliance

• A final determination of “functional stability” can facilitate beneficial re-use of the property with the end-use defining the potential POE

Functional Stability

Available technical resources to assist with compliance of SWM-04.45

“A landfill is functionally stable (in a stable condition) when it no longer poses a threat to human health and the environment… Potential threats should be assessed in the context of a proposed end use and a proposed level of post-closure care…”

Originally proposed by SWANA’s Bioreactor Committee, June 2004

Or worded differently,

A landfill is functionally stable when it does not pose a threat to human health and the environment at a point of exposure in the absence of active control systems.

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Functional Stability Origin of the Concept

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Peer-Reviewed Performance-Based Methods Models for Determination of Functional Stability

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Recent publications on Functional Stability Sardinia 2013, Fourteenth International Waste Mgmt. and Landfill Symposium

Functional Stability and Completion of Post-Closure Care at Municipal Landfills: Findings from Application of a Performance-Based Methodlogy.

- Morris, J.W.F, Caldwell, M.D., Bull, L.P., Crest, M., and Akerman, A. - S. Margherita di Pula, Cagliari, Italy 30 September – 4 October 2013

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Recent publications on Functional Stability Cover System Oxidation Capacity and Functional Stability

Improved methodology to assess modification and completion of landfill gas management in the aftercare period - Morris, J.W.F, Crest, M., Spokas, K.A., Akerman, A, and Yuan, L. - Waste Management 32(2012) 2364-2373

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0 20 40 60 80 100 120

Cove

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datio

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paci

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(g/m

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Topsoil Layer Thickness (cm) Key: Silty Clay Loam

(k = 5.1x10-5 cm/s) Silty Loam (k = 1.3x10-4 cm/s)

Sandy Loam (k = 7.5x10-3 cm/s)

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Functional Stability Q&A

Is it really as simple as “where are you on the curve?” Qualified Yes…….this requires data.

What is the next step prior to determination that a landfill is functionally stable? Confirmation monitoring. Monitor to confirm shutting off active controls is

protective

After that? Custodial Care. Non-regulatory (non FA) property management (perhaps with

Institutional controls/deed restriction)

Custodial Care – Defined with the ITRC (2006) document as: • Regulatory post-closure care is the evaluation and monitoring of

modular data to determine when a landfill does not pose a threat to HHE at the POE, while custodial care is the proper and responsible management of the end use obligations as determined during regulatory PCC consistent with local and state land use policies and procedures.

• The CC program is designed to ensure that land use is managed consistently with its intended end use determined during the PCC period and that there are no unacceptable changes in the property according to covenants, deed restriction, or land use controls.

Uniform Environmental Covenants Act (UECA) – Not in FL • FDEP, Division of Waste Management, Institutional Controls Procedures

Guidance (Nov. 2010), available at www.dep.state.fl.us/waste/quick_topics/publications/wc/csf/icpg.pdf

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Functional Stability and Custodial Care

Partnership in Land Development – Beneficial Re-Use of a Closed Landfill

Functional Stability and Land Development – Case Study of a cooperative effort between Waste Management, the City of Ft. Worth, and TCEQ

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Trinity River Re-Development Project – Gateway Park

www.trinityrivervision.org/Projects

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Trinity River Re-Development Project – Gateway Park

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Trinity River Re-Development Project – Gateway Park

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Trinity River Re-Development Project – Gateway Park

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Eastside Landfill and the Gateway Park Redevelopment

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Eastside Landfill – Master Grading Plan

Eastside Landfill •Property was originally a sand and gravel mining operation. •Site Owned by the City of Fort Worth; Started taking Waste in 1977. •Site is 167 acres and Solid Waste Footprint 110 acres. •Stop Taking Waste in April 1993 and Certified Closed in December 1993 •5-year regulatory Post Closure Care Period (scheduled to end 1998) Permit Revocation Process

WM pursued a Municipal Settings Designation (MSD) for the site in 2011

TCEQ asked us to stop pursuit of this option

Consensus reached that use of a performance-based methodology to determine if the site was safe for re-use was agreed upon

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Transition from Active Controls to Property Re-Use Cooperative effort between owner, operator, and regulator

Functional Stability – LFG and Leachate

Justification for system shut-off and implementation of a Confirmation Monitoring (CM) Program. CM ended October 31, 2014 for this landfill.

• The FDEP SWM-04.45 technical guidance provides a framework to promote beneficial re-use of closed MSW landfills

• A functional stability derived outcome provides: • A defensible alternative to source removal options

• Example 2015 exhumation of Haverhill Road Landfill (West Palm Beach, FL)

• Risk and cost “certainty” for all stakeholders • Alternative to perpetual care or source removal alternatives

• Places the burden on the O/O to show “no threat at a POE”

• Owner/operators can work together with city planners towards a future greenspace option while minimizing concern of long-term liability from a future use of the land

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Take Away Messages

Guidance Documents

Environmental Research & Education Foundation 1. “Performance Based System for Post Closure Care at MSW

Landfills”, September 2006 2. “FINAL REPORT: Implementation of the EPCC Methodology

for Assessment of Functional Stability, Mohawk Valley Landfill, Frankfort, New York”, April 2016

www.erefdn.org/index.php/resources/browse Interstate Technology & Regulatory Council 1. “Evaluating, Optimizing, or Ending Post-Closure Care at

Municipal Solid Waste Landfills Based on Site-Specific Data Evaluations”, September 2006

www.itrcweb.org/guidancedocument.asp?TID=21

Publications

Morris J.W.F. “End of Life, Post-Closure Care, and the Sustainable Landfill.” MSW Management, May 2012, 46-52.

Peer Review Journals

Laner D., Crest M., Scharff H., Morris J.W.F., Barlaz, M.A. (2012) “A Review of Approaches for the Long-Term Management of Municipal Waste Landfills.” Waste Management 32(3), 498-512.

Morris J.W.F., Barlaz M.A. (2011) “A Performance-Based System for the Long-Term Management of Municipal Waste Landfills.” Waste Management 31(4), 649-662.

Morris J.W.F., Crest M., Barlaz M.A., Spokas K. A., Åkerman A., Yuan L. (2012) “Improved Methodology to Assess Modification and Completion of Landfill Gas Management in the Aftercare Period.” Waste Management 32(12), 2364-2373.